Edmonton v. State, 7836

• Decision Date: 31 July 1975
• Docket Number: No. 7836,7836
• Citation: 538 P.2d 582,91 Nev. 501
• Parties: Kenneth Ian EDMONTON, Appellant, v. The STATE of Nevada, Respondent.
• Court: Nevada Supreme Court

Page 582

538 P.2d 582

91 Nev. 501

Kenneth Ian EDMONTON, Appellant, v. The STATE of Nevada, Respondent.

No. 7836.

Supreme Court of Nevada.

July 31, 1975.

M. Daniel Markoff, Las Vegas, for appellant.

Robert List, Atty. Gen., Carson City, George E. Holt, Dist. Atty. and Sherman H. Simmons, Deputy Dist. Atty., Las Vegas, for respondent.

OPINION

PER CURIAM:

Kenneth Ian Edmonton, convicted of rape and two counts of robbery, contends we should reverse because black and white pictures used in a photographic lineup did not truly depict the fundamental elements of the assailant's description given by the victims. He also complains of the refusal of the trial judge to grant his motion to suppress any 'in-court' identification.

The trial judge considered--and rejected--Edmonton's challenge to the lineup and denied his motion to suppress any 'in-court' identification. The record amply supports the trial court's ruling that there was nothing impermissibly suggestive in either the photographic display or the lineup procedure. Stovall v. Denno, 388 U.S. 293, 87 S.Ct. 1967, 18 L.Ed.2d 1199 (1967); Kirby v. Illinois, 406 U.S. 682, 92 S.Ct. 1877, 32 L.Ed.2d 411 (1972); Baker v. State 88 Nev. 369, 498 P.2d 1310 (1972). Compare: Thompson v. State, 85 Nev. 134, 451 P.2d 704 (1969).

The 'in-court' identification at the preliminary and at trial--by both victims--was positive and based on origins totally independent of the lineup. Baker, supra. Edmonton's contentions are without merit and the judgment is affirmed.